Russia : Opening of criminal proceedings against human rights defender Ilya Shumanov

The Observatory has been informed by ADC Memorial about the opening of criminal proceedings against human rights defender Ilya Shumanov, CEO of Transparency International Russia and director of Arctida. Within Arctida, Ilya Shumanov combats corruption in Russian Arctic region and advocates for international sanctions against Nornickel (and similar Russian industrial forces) and the protection of the rights of the indigenous peoples living in Tundra. Transparency International Russia is part of the international organisation Transparency International, headquartered in Berlin, which aims to put an end to corruption and promote transparency, accountability and integrity. In Russia, the organisation has been designated as a “foreign agent” back in 2015, and in March 2023, the Prosecutor General's Office declared its activities “undesirable” within the Russian Federation. Following this decision, the organisation was forced to dissolve itself, in order not to expose its employees to risks of criminal prosecution. Subsequently, Transparency International Russia in exile was founded in October 2023.

On August 24, 2024, the Investigative Committee of Russia opened a criminal case against Ilya Shumanov for “not fulfilling the obligation of the foreign agent” under part 2 of article 330.1 of the Criminal Code of Russia. He faces up to two years in prison. Mr Shumanov, who lives abroad, has been declared wanted by the Russian police.

In July and August 2023, the Basmanny District Court of Moscow twice held him administratively liable for the absence of the ”foreign agent” label on his Telegram posts and fined him for the sum of 100,000 rubles (approximately 1,000 euros) under part 4 of article 19.34 of the Code on Administrative Offences of Russia. According to the Russian criminal law, two administrative violations in a row committed during a year are considered a criminal offense, which leads to up to two years of imprisonment.

The Observatory recalls that the law on “foreign agents”, first enacted in 2012, was progressively broadened, initially targeting non-governmental organisations, then unregistered groups, media outlets, journalists and certain categories of individuals. In December 2022, the Federal Law No. 255-FZ titled “Control over the Activities of Persons Under Foreign Influence” was introduced and enacted by Russia’s Parliament, replacing all previous laws regarding “foreign agents”. The law expended further the legal definition of “foreign agents”, making it possible to label any ordinary citizens and organisations without legal personality as “foreign agents”. As of October 4, 2024, there were 470 individuals on the register of “foreign agents”.

Since January 1, 2024, 457 administrative cases were initiated in Russia for non-compliance with the legislation on “foreign agents”. The fines for such cases are significant, allowing the authorities to freeze the bank accounts of those involved and seize any property they have remaining in Russia. After two administrative cases, people labeled as “foreign agents” can face criminal charges and be put on the “wanted” list, making it impossible for them to return to Russia. Human rights activists report that there are currently criminal cases open against 26 individuals. This method has become a common practice to silence journalists and opposition actors and is now being used against human rights defenders.

The Observatory strongly condemns the judicial harassment against Ilya Shumanov, as well as the criminalisation of human rights defenders under the “foreign agents” laws, which appear to be aimed solely at punishing them for and preventing them from carrying on their peaceful and legitimate human rights activities.

The Observatory urges the Russian authorities to remove Ilya Shumanov from the register of “foreign agents” and to immediately drop any legal proceedings against him, as well as to refrain from instituting criminal proceedings against human rights defenders based on the ”foreign agents” laws, which are contrary to international human rights standards. All cases initiated against human rights defenders under these provisions should be dropped immediately, and verdicts based on these provisions should be reviewed to ensure wrongful convictions are quashed.

The Observatory further urges the Russian authorities to revoke all laws regarding “foreign agents” that actively target human rights defenders and organisations, as well as any other law incompatible with their fundamental rights, including the rights to freedom of association and expression.

The Observatory finally calls on the authorities in Russia to guarantee in all circumstances the rights to freedom of association and to freedom of expression, as enshrined in international human rights law, and particularly in Articles 19 and 22 of the International Covenant on Civil and Political Rights.